FacultyFaculty/Author Profile
Eugene Scalia

Eugene Scalia

Gibson, Dunn & Crutcher LLP

Washington, DC, USA


Eugene Scalia is a partner in the Washington, D.C. office of Gibson Dunn.  He is Co-Chair of the Firm’s Administrative Law and Regulatory Practice Group and a member of its Labor and Employment Practice Group, which he co-chaired for twelve years. 

Mr. Scalia has a national practice handling a broad range of labor, employment, appellate, and regulatory matters.  He previously served as Solicitor of the U.S. Department of Labor, the Department’s principal legal officer with responsibility for all Labor Department litigation and legal advice on rulemakings.  His success bringing legal challenges to federal agency actions has been widely reported in the legal and popular press. 

In private practice, representative employment matters include:

  • Chamber of Commerce of the U.S.A. v. Dep’t of Labor, 885 F.3d 360 (5th Cir. 2018) – Vacated U.S. Department of Labor’s “fiduciary” rule, among the most controversial regulations ever adopted in the financial services industry.
  • EEOC v. Ford Motor Co., 782 F.3d 753 (6th Cir. 2015) (en banc) – Sixth Circuit decision rejecting EEOC’s position regarding telecommuting as a reasonable accommodation.
  • Hendricks v. UBS Fin. Servs., Inc., 2013 WL 5969888 (5th Cir. 2013) – Favorable Fifth Circuit decisions reversing district court orders that had denied arbitration and had certified ERISA class actions seeking $200 million.
  • NLRB v. The Boeing Company, Case 19-CA-32431 – Represented company in closely-watched case regarding new South Carolina facility.

Mr. Scalia has regularly handled Sarbanes-Oxley “whistleblower” matters since the law’s enactment in 2002, when he played a central role as Labor Solicitor in implementing the Act’s whistleblower provision.  In private practice, his clients have included public companies, audit committees, and officers and directors, including in internal investigations and proceedings before the Department of Labor, administrative law judges, the federal courts, and in arbitration. 

Mr. Scalia’s success challenging federal regulations has been profiled in a Wall Street Journal article titled “Another Scalia Vexes Regulators,” and a BloombergBusinessweek article titled “Suing the Government? Call Scalia.”  He has successfully challenged four different regulations of the Securities and Exchange Commission.  The National Law Journal recognized Mr. Scalia as a “Visionary” for his litigation against financial regulatory agencies, and the Nation magazine has called him a “fearsome litigator.”

Mr. Scalia graduated cum laude from the University of Chicago Law School, where he was editor-in-chief of the Law Review.  From 1992-93 he served as Special Assistant to U.S. Attorney General William P. Barr, receiving the Department’s Edmund J. Randolph Award.  He graduated With Distinction from the University of Virginia in 1985 and was a speechwriter for Education Secretary William J. Bennett before attending law school.  He has been a Lecturer in labor and employment law at the University of Chicago Law.

Eugene Scalia is associated with the following items:
CHB Chapters  CHB Chapters U.S. Department of Justice, Office of the Deputy Attorney General, Memorandum Re: Individual Accountability for Corporate Wrongdoing, from Sally Quillian Yates, Deputy Attorney General (September 9, 2015) - Corporate Whistleblowing in 2017, Thursday, June 29, 2017
Halliburton, Inc. v. Administrative Review Board, United States Department of Labor, No. 13-60323, 771 F.3d (5th Cir. 2014) - Corporate Whistleblowing in 2017, Thursday, June 29, 2017
Eugene Scalia and Alyssa Markenson, Ethical Considerations in Internal “Whistleblower” Investigations - Corporate Whistleblowing in 2017, Thursday, June 29, 2017
Halliburton, Inc. v. Administrative Review Board, United States Department of Labor, 771 F.3d 254 (5th Cir. 2014) - Employment Law Institute 2017, Monday, October 23, 2017
Eugene Scalia and Alyssa Markenson, Ethical Considerations in Internal “Whistleblower” Investigations - Employment Law Institute 2017, Monday, October 23, 2017
U.S. Department of Justice, Office of the Deputy Attorney General, Memorandum Re: Individual Accountability for Corporate Wrongdoing, from Sally Quillian Yates, Deputy Attorney General (September 9, 2015) - Employment Law Institute 2017, Monday, October 23, 2017
Eugene Scalia, Laura Mumm and Molly Senger, Lawyers as Whistleblowers: Some Legal and Practical Considerations - Corporate Whistleblowing in 2018, Tuesday, June 26, 2018
Web Segment  Web Segment Sophisticated Issues Faced When Litigating Retaliation Claims - Employment Law Institute 2017, Monday, October 23, 2017
Who is Blowing the Whistle Now? Ethical Considerations When Gatekeepers Blow the Whistle - Corporate Whistleblowing in 2018, Thursday, June 28, 2018
MP3 Audio  MP3 Audio Sophisticated Issues Faced When Litigating Retaliation Claims - Sophisticated Issues Faced When Litigating Retaliation Claims , Monday, October 23, 2017
Who is Blowing the Whistle Now? Ethical Considerations When Gatekeepers Blow the Whistle - Who is Blowing the Whistle Now? Ethical Considerations When Gatekeepers Blow the Whistle, Thursday, June 28, 2018
Transcripts  Transcripts Sophisticated Issues Faced When Litigating Retaliation Claims - Sophisticated Issues Faced When Litigating Retaliation Claims , Monday, October 23, 2017
Who is Blowing the Whistle Now? Ethical Considerations When Gatekeepers Blow the Whistle - Who is Blowing the Whistle Now? Ethical Considerations When Gatekeepers Blow the Whistle, Thursday, June 28, 2018
MP4 - Mobile Video Seg  MP4 - Mobile Video Seg Sophisticated Issues Faced When Litigating Retaliation Claims - Sophisticated Issues Faced When Litigating Retaliation Claims , Monday, October 23, 2017
Who is Blowing the Whistle Now? Ethical Considerations When Gatekeepers Blow the Whistle - Who is Blowing the Whistle Now? Ethical Considerations When Gatekeepers Blow the Whistle, Thursday, June 28, 2018
Treatise Chapters  Treatise Chapters ERISA Litigation - Securities Litigation: A Practitioner's Guide (Second Edition), Tuesday, October 24, 2017
On-Demand Web Programs  On-Demand Web Programs Employment Law Institute 2017, Friday, October 27, 2017, New York, NY
Corporate Whistleblowing in 2018, Tuesday, July 03, 2018, New York, NY
Live Seminar  Live Seminar Employment Law Institute 2018, Wednesday, October 17, 2018, New York, NY
Live Webcast  Live Webcast Employment Law Institute 2018, Wednesday, October 17, 2018, New York, NY
PLI Grpcast-Live Web  PLI Grpcast-Live Web Employment Law Institute 2018, Wednesday, October 17, 2018, Atlanta, GA
Employment Law Institute 2018, Wednesday, October 17, 2018, New Brunswick , NJ
Employment Law Institute 2018, Wednesday, October 17, 2018, Indianapolis, IN
Share
Email

  • FOLLOW PLI:
  • twitter
  • LinkedIn
  • YouTube
  • RSS

All Contents Copyright © 1996-2018 Practising Law Institute. Continuing Legal Education since 1933.

© 2018 PLI PRACTISING LAW INSTITUTE. All rights reserved. The PLI logo is a service mark of PLI.